Tag Archives: Judge T.S. Ellis III

Employer liable for retirement fund deficiency (access required)

An employer that underpaid its contributions to retirement plans is liable for the underpaid amount, interest, liquidated damages and other fees, totaling $249,348.25. Background In their amended complaint, filed on Sept. 13, 2016, plaintiffs brought two counts under the Employee ...

Read More »

Plaintiff precluded from introducing damages evidence at trial (access required)

Where a party claiming it was improperly excluded from a joint venture provided only lost revenue information in discovery, and not its lost profits, it was precluded from introducing damages evidence at trial. However, it could recover nominal damages on ...

Read More »

Declaratory judgment dismissed where breach already occurred (access required)

A declaratory judgment action over whether a former employee was owed commissions was dismissed because the dispute had already ripened into a claim for breach of contract after the company terminated him and refused to pay him  commissions. As such, ...

Read More »

In rem action against domain name may proceed (access required)

An anti-cybersquatting and trademark infringement action may proceed in rem against the domain name in Virginia because the plaintiff is unable to obtain in personam jurisdiction against the infringer. Although an individual defendant consented to jurisdiction in Arizona, he was ...

Read More »

Hostile environment based on comments about anatomy (access required)

Allegations that co-workers stared at the plaintiff’s breasts frequently over a multi­year period, in addition to making comments about her breasts and suggesting she was a “lezzie,” could lead a reasonable jury to find that plaintiff was subjected to severe ...

Read More »